22-52-8
Section 22-52-8 Holding of probable cause and final hearings generally. (a) When any respondent
sought to be committed has any limitation imposed upon his liberty or any temporary treatment
imposed upon him by the probate judge pending final hearings on such petition, the probate
judge, at the time such limitation or treatment is imposed, shall set a probable cause hearing
within seven days of the date of such imposition. If, at such probable cause hearing, the
probate judge finds that probable cause exists that the respondent should be detained temporarily
and finds that temporary treatment would be in the best interest of the respondent, the probate
judge shall enter an order so stating and setting the date, time and place of a final hearing
on the merits of such petition. (b) The final hearing shall be held within 30 days of the
date that the respondent was served with a copy of the petition seeking to commit the respondent.
(c) If temporary treatment or admittance to a hospital is...
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22-11A-28
Section 22-11A-28 Commitment petition - Limitations placed upon liberty of person; probate
judge determination; standard for imposing limitations; probable cause hearing; temporary
treatment before final hearing. (a) When a petition has been filed, seeking to have limitations
placed upon the liberty of a person, pending the outcome of a final hearing on the merits,
the probate judge shall order the sheriff of the county in which such person is located, to
serve a copy of the petition upon such person and to bring such person before the probate
judge instanter. When any such person against whom a petition has been filed, seeking to have
limitations placed upon such person's liberty pending the outcome of a full and final hearing
on the merits, is initially brought before the probate judge, the probate judge shall determine
from an interview with the person sought to be committed and with other available persons,
what limitations, if any, shall be imposed upon such person's liberty and...
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26-10A-27
Section 26-10A-27 Stepparent adoptions. Any person may adopt his or her spouse's child according
to the provisions of this chapter, except that: (1) Before the filing of the petition for
adoption, the adoptee must have resided for a period of one year with the petitioner, unless
this filing provision is waived by the court for good cause shown; (2) No investigation under
Section 26-10A-19 shall occur unless otherwise directed by the court, and (3) No report of
fees and charges under Section 26-10A-23 shall be made unless ordered by the court. (Acts
1990, No. 90-554, p. 912, §27.)...
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22-11A-32
Section 22-11A-32 Commitment petition - Findings; rehearing; confinement when no treatment
available. (a) If, at the final hearing, upon a petition seeking to commit a person to the
custody of the Alabama Department of Public Health or such other facility as the court may
order, the probate judge, on the basis of clear and convincing evidence, shall find: (1) That
the person sought to be committed has been exposed or is afflicted with one of the diseases
designated in this article; (2) That the person has refused testing or voluntary treatment;
(3) That, as a consequence of the disease, the person is dangerous to himself and the health
of the community; (4) That the person conducts himself so as to expose others to the disease;
(5) That treatment is available for the person's illness if confined or that confinement is
necessary to prevent further spread of the disease; and (6) That commitment is the least restrictive
alternative necessary and available for the treatment of the person's...
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26-10-27
Section 26-10-27 Effect of nonresidence of adopting parents. A child who is a resident of Alabama
when eligibility for subsidy is certified shall remain eligible and receive subsidy, if necessary
for adoption, regardless of the domicile or residence of the adopting parents at the time
of application for adoption, placement, legal decree of adoption or thereafter. (Acts 1979,
No. 79-691, p. 1231, §5.)...
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26-10A-20
Section 26-10A-20 Removal of adoptee from county. After the petitioner has received the adoptee
into his or her home, the adoptee shall not be removed from the county in which the petitioner
resides until the final decree has been issued for a period of longer than 15 consecutive
days unless notice is given to the investigating agency or person. (Acts 1990, No. 90-554,
p. 912, §20.)...
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11-43A-2
Section 11-43A-2 Petition to probate judge for election as to adoption of council-manager form
of government; examination of petition and certification to mayor. The filing of a petition
signed by 10 percent or more of the number of qualified voters who voted in the last general
municipal election held in such municipality, asking that the question of the adoption of
the council-manager form of government for such municipality be submitted to the qualified
voters thereof, with the judge of probate of the county in which such municipality is located,
shall mandatorily require an election to be held as herein provided. Whenever such a petition
purporting to be signed by at least 10 percent of the number of qualified voters who voted
in the last general municipal election held in such municipality shall be presented to such
judge of probate, he shall examine such petition and determine whether or not the same is
signed by at least 10 percent of the number of qualified voters who voted in...
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26-10A-22
Section 26-10A-22 Attorney participation and appointment of attorney for the adoptee or other
party. (a) In making adoption arrangements, potential adopting parents and birth parents may
obtain counsel to provide legal advice and assistance. (b) Upon the motion of any party, or
upon the court's own motion, before or after the filing of petition for adoption the court
may appoint a guardian ad litem for the adoptee, or for any incompetent or minor who is a
party to the proceeding or who would be a party to the proceeding. In the event of a contested
adoption, a guardian ad litem shall be appointed. The fees of a guardian ad litem shall be
assessed as court costs. (Acts 1990, No. 90-554, p. 912, §22.)...
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26-10A-24
Section 26-10A-24 Contested hearing. (a) Whenever a motion contesting the adoption is filed,
the court shall set the matter for a contested hearing to determine: (1) Whether the best
interests of the adoptee will be served by the adoption. (2) Whether the adoptee is a person
capable of being adopted by the petitioner in accordance with the requirements of this chapter.
(3) Whether an actual or implied consent or relinquishment to the adoption is valid. (4) Whether
a consent or relinquishment may be withdrawn. (b) The court shall give notice of the contested
hearing by certified mail to all parties who have appeared before the court. The moving party
and each petitioner shall be present at the contested hearing. The guardian ad litem shall
appear and represent the interests of the adoptee. (c) The court may continue the hearing
from time to time to permit notice to all parties, or to permit further discovery, observation,
investigation, or consideration of any fact or circumstances...
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22-11A-36
Section 22-11A-36 Appeal of commitment order; notice of appeal; limitations to be placed upon
liberty of person pending appeal. An appeal from an order of the probate court granting a
petition seeking to commit a person to the custody of the Alabama Department of Public Health
or such other facility as the court may order lies to the circuit court for trial de novo
unless the probate judge who granted the petition was learned in the law, in which case the
appeal lies to the Alabama Court of Civil Appeals on the record. Notice of appeal shall be
given in writing to the probate judge within five days after the respondent has received actual
notice of the granting of the petition and shall be accompanied by security for costs, to
be approved by the probate judge, unless the probate judge finds that the person sought to
be committed is indigent, in which case no security shall be required. Upon the filing of
a notice of appeal, the probate judge shall determine and enter an order setting...
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